How can you prevent good faith efforts to help an employee

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Reference no: EM133522602

Assignment:

Sometimes employers have good reasons for employment decisions, yet they still do not prevail in discrimination and wrongful termination lawsuits. Sometimes managers don't like to formally "write up" an employee, especially a member of a protected class, because they believe that doing so will demotivate the employee and that they can resolve the issues by providing informal feedback. They may continue, in fact, to try, in good faith to do so, giving the employee more chances than might be usual, until they determine that the employee cannot be salvaged. At that point, they start to engage in disciplinary action for each instance of poor work performance or misconduct, and accurately document each issue of poor performance or misbehavior. Discuss the legal issues that might arise if, after a number of such "write ups," the employee is terminated.

How might an employee use the manager's conduct to prove a prima facie case of discrimination?
How might an employee use the manager's conduct to try to demonstrate pretext?
How can you prevent good faith efforts to help an employee (i.e., "give someone a break") from being used against an employer in a subsequent lawsuit?

Reference no: EM133522602

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